WSP12258

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 1/7/1994
• Author: Western States Water
• Title: Western States Water 1994 - Issues 1025-1076
• Water Supply Pro - Doc Type: Publication

7.5 million acre-feet allocated to the Lower Basin
states is insufficient." However, he does "not suggest
a massive overhaul of the law of the river, which has
been forged by decades of court decisions, interstate
compacts, treaties and congressional action. The Law
of the River is flexible enough that it can be used to
address the needs of a new west." He added, "We
must also recognize that if the states are unable to
accommodate each other, then Congress will have to
become involved."

Senator Richard Bryan (D-NV) stated: "Over the
last 30 years, the Las Vegas Valley has grown from
70,000 residents to just about a million....Despite these
changes, the Colorado River is governed rigidly by a
law which was born in a different time and has been
resistant to change...and change must be addressed.
It is my beiief that this hearing wili serve as a catalyst
to reaching a solution to the problems faced by the
Lower Basin states. A solution will only be reached
with the willing and good faith involvement of all
parties with an interest in the way these vital water
resources are managed and used." He referred to a
recent "Nevada initiative," proposed by Governor Bob
MUler, regarding water banking and leasing.

Senator Dennis Deconcini (D-AZ) noted Arizona has
been forced to struggle for decades to secure its
entitlement to the use of the waters of the Colorado
River, which has allowed the state to reduce its mining
of non-renewable ground water resources. He also
mentioned under-utilization of CAP water. He further
stated, "There is no question that there are issues of
concern regarding water in the Lower Basin. Growth
in Southern Nevada is outpacing water resources, just
as growth in Arizona is ever-increasing....lt is currentiy
projected that Arizona, due to its rapid growth, will fully
utilize its Colorado River allocation by 2040--just 20
years after Nevada....This is an issue that must be
addressed, but it can and is being addressed within
the context of the Law of the River, and the Colorado
River compact--not by legislative interference."

Representing Colorado, Senator Ben Nighthorse
Campbell (D) testWied, "While these hearings
ostensibly are designed to examine questions in the
Lower Colorado River, many of these questions have
direct ramifications for the Upper Basin. The
Committee's active inquiry into Lower Basin issues
would be seriously misguided and fatally flawed if it
does not also reflect an understanding and full
appreciation of the important links between operations
in the Lower Basin and Upper Basin interests." He

continued: "The Upper Basin will vigorously protect its
entitlements, and its right to develop in the future,
because it does not enjoy the same level of certainty
enjoyed by the Lower Division states....Although the
1922 Colorado River compact allocated to the Upper
Basin 7.5 million acre-feet of consumptive use annually
from the Colorado River System, current Bureau of
Reclamation interpretation of actual system hydrology
and operations show only approximately six million
acre-feet of consumptive use to actually be available,
assuming the Upper Basin supplies one-half of the
Mexican Treaty delivery obligation. Although the
Upper Basin disagrees with this interpretation, it
illustrates the fact that the Upper Basin may be stuck
with considerably leSs than it bargained for in 1922.
Nevertheless, the Upper Basin does not desire to
renegotiate that or any other compact."

.

Senator Campbell emphasizedthatthe Department
of Interior and Congress should stop attempts to
fundamentally change the laws and procedures that
control the Colorado River. He described a "creative
tension" among the basin states and pointed out the
Law of the River created a general framework that
never fully satisfied. any state, but avoided "open
warfare." He concluded by stressing, "The way to
address emerging issues in the Lower Basin lies not
with altering, but rather, in reaffirming the 70 years of
law, regulation, court decrees, and procedures
constituting the Law of the River, and in supporting the
Basin states and tribes in their respective efforts to
resolve the issues that will define the management of
the Colorado River for decades to come."

.

Senator Robert Bennett (R-UT) emphasized Utah's
concern over the future water needs of St. George in
Washington County, now supplied from the Virgin
River and other streams tributary to the Lower
Colorado River Basin. He noted, 'This is the fastest
growing area of the state, and there is considerable
interest in any actions taken in the Lower Basin that
would affect water use in Utah." He added, 'The
cluster of environmental issues of endangered
species, water quality, park protection, and wild and
scenic river designations make it very difficult to
develop new water resources....As a result, it is
important, where appropriate, to assist our western
communities to develop their water resources
according to contemporary standards.... I believe the
water Challenges that face us should be resolved
through state-to-state discussions. On the federal
level, we have to step in -- if the states appear to be
unable to resolve these matters themselves.'

.

The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of
member states - Alaska, Arizona, CalWomia, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota, Oregon,
South Dakota, Texas, Utah, and Wyoming, and associate member Slates Montana, Oklahoma, and Washington.